OFFICE OF THE ASSISTANT SECRETARY

May 26, 2011

Dear Colleague:

As the use of emerging technologies in the classroom increases, schools at
all levels must ensure equal access to the educational benefits and opportunities
afforded by the technology and equal treatment in the use of the technology
for all students, including students with disabilities. To assist you in this
regard, I write to share the attached “Frequently Asked Questions About the
June 29, 2010, Dear Colleague Letter” (FAQ), developed by the U.S. Department
of Education’s Office for Civil Rights (OCR). This FAQ is a follow-up to a
Dear Colleague Letter (DCL) that we sent to college and university presidents
on June 29, 2010, regarding the use of electronic book readers and other emerging
technologies in educational settings. The legal requirements that are articulated
in the June 2010 DCL, which are reiterated in the attached FAQ, also apply
to elementary and secondary schools.

The June 2010 DCL outlines concerns of the U.S. Department of Education and
the U.S. Department of Justice that arose in the context of reviewing several
complaints regarding compliance with long-standing requirements of civil rights
law. In those cases, postsecondary educational institutions were using electronic
book readers that were inaccessible to students who are blind or have low vision.
The DCL explains that under the Americans with Disabilities Act of 1990 and
Section 504 of the Rehabilitation Act of 1973, educational institutions cannot
require the use of electronic book readers in a classroom setting if the readers
are not fully accessible to individuals with disabilities, including individuals
who are blind or have low vision, unless those individuals are provided accommodations
or modifications that permit them to receive all the educational benefits provided
by the technology in an equally effective and equally integrated manner.

The June 2010 DCL generated interest from educational institutions, students,
parents, advocacy organizations, and others. OCR is releasing this FAQ in
order to provide more information about the obligations of schools (both elementary
and secondary schools and postsecondary institutions) that provide benefits to students by means of electronic
book readers or other emerging technologies. Please share this FAQ with your
administrators, faculty, and staff.